Notes on the Katarungang Pambarangay Law

Lupon proceedings under the Local Government Code are not judicial proceedings. There is no such thing as a barangay court.

In the lupon, only mediation and conciliation are done. The lupon does not have inherent adjudicatory powers. Any adjudicatory power must be agreed upon by the parties in writing. In other words, a barangay lupon may exercise adjudicatory powers only if the parties agree so in writing.

The purpose of the lupon proceedings is to reduce the number of court litigations. It also aims to prevent the deterioration of the quality of justice.

No lawyers are allowed in the proceedings before the lupon, and personal appearance is required.

What may be settled? All disputes EXCEPT the following:

1.) government is a party
2.) public officer or employee is a party and where the dispute relates the performance of his official function
3. offenses with maximum penalty of imprisonment exceeding one year or a fine exceeding P5,000.00
4.) there is no private offended party
5.) real properties in different cities or municipalities, unless parties agree otherwise
6.) parties actually reside in different barangays of different cities or municipalities, except where such units adjoin each other and the parties agree to submit their differences to an appropriate lupon.

(So where the parties are not actual residents in the same city or municipality or adjoining barangays, they are not required to submit their dispute to the lupon.

7.) such other  classes of disputes which the president may determine in the interest of justice.

In another instance where a case may fall under the lupon, the court in a criminal case may motu proprio refer the case, at any time before the trial, to the lupon for amicable settlement, even if the case does not fall within the authority of the lupon.

The form of settlement must be in writing.

An amicable settlement has the same effect of a final judgment of a court upon the expiration of 10 days from date thereof.

Failure to go through prior recourse to the lupon when required by law bars the filing of the criminal or civil action in court. It is a ground to dismiss the case, that a condition precedent for filing the claim has not been complied with.